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The Data Protection amendment was proposed by Liberal Democrat MPs while the
Bill was being debated in the House of Commons, and the amendment has since been
adopted by the government.

New powers will be applicable to any organisation which "deliberately" or "
recklessly" commits a serious breach of the Data Protection Act.

The Act does not apply retrospectively. The ICO is currently waiting for
notification from the Ministry of Justice as to when the Act will be effective.

"This new power will enable some of the worst breaches of the Data Protection
Act to be punished," said David Smith, deputy Information Commissioner.

"By demonstrating that the law is being taken seriously, tougher sanctions
will help to reassure individuals that data protection matters and give them
confidence that organisations have no choice but to handle personal information
properly."

Prosecution of breaches of the Data Protection Act will be limited to fines
and will not be extended to jail sentences for company directors found to be
responsible, said a spokesperson for the ICO.